Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 
1. Sale and trafficking of children. The Committee notes that, according to section 444, subsections (1)–(3) of the Criminal Code, any person who by force, threat, deceit or otherwise recruits, transports, transfers, hands over, sells, buys, mediates in sale, hides or keeps another person for exploitation of work, submission to servitude, commission of crimes, prostitution or begging, or pornographic use or for use in armed conflict shall be punished. It further notes that subsection (3) of section 444 provides for a higher penalty if this offence is committed against a juvenile defined as a person between the ages of 14 and 18.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that article 52 of the Constitution of the Republic of Montenegro prohibits forced labour. It also notes that section 162 of the Criminal Code prohibits unlawful deprivation of freedom and section 165 prohibits coercion. The Committee further notes that section 446 of the Criminal Code prohibits submission to slavery and transportation of enslaved persons.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this point. It notes that, according to the Child Soldiers Global Report 2008 – Montenegro available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), the Government of Montenegro, in its declaration on succession to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict stated that there is no mandatory military service and that the minimum age for voluntary recruitment is 18 years. The Committee further notes section 444(1), read with subsection (3), which prohibit the sale, recruitment and transfer of a juvenile for use in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 209 of the Criminal Code prohibits procuring a minor for sexual intercourse and section 210(2) prohibits mediation in prostitution of minors.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 211 of the Criminal Code of the Republic of Montenegro prohibits the use of a child for the production of pornography or pornographic performances and the sale, exhibition and distribution of pornographic materials involving children. However it notes that, pursuant to section 142 of the Criminal Code, a child shall be considered as a person who has not reached the age of 14 years. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee therefore asks the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 300 of the Criminal Code of the Republic of Montenegro prohibits a range of activities associated with the production, distribution, sale and trafficking of narcotic substances. Subsection (3) of section 300 further states that if these offences are committed by more than one person, or the offender organizes a network of resellers and mediators, the perpetrator (defined as a person who has committed a criminal offence, or participated, instigated or helped in the commission of a crime) shall be punished.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that, under section 17 of Labour Law No. 49 of 2008 (Labour Law), labour relations with a person under 18 years of age can be entered into upon written approval of the parents or guardians under the condition that such work does not threaten their health, morals and education and is not prohibited by law. Subsection (2) of section 17 further states that such a labour contract with persons under the age of 18 years shall be made upon a certificate issued by the relevant health authority that confirms the capacity of such persons to perform the tasks for which the labour contract is signed and that such tasks are not harmful for their health. The Committee further notes that, section 104 of the Labour Law prohibits employees under 18 years of age from performing jobs involving hard physical labour, underground or underwater work, as well as other jobs that may have a harmful effect or an increased risk for their health and life, and section 106 prohibits them from undertaking overtime work and night work.

Article 5. Monitoring mechanisms. The Committee notes that according to section 171 of the Labour Law, the Ministry of Labour, through the labour inspection, shall supervise the implementation of the Labour Law and other regulations and labour contracts. The Committee notes the Government’s statement that inspections concerning the implementation of the labour laws, including the protection at work of young persons are conducted regularly by the labour inspectors. It also notes the Government’s indication that an employer is obliged to have a licence for work in working rooms or at a workplace, issued by a competent authority and for each employee including persons aged from 15 to 18, to have an employment contract concluded as well as an application for compulsory social insurance. The Government further states that during supervisions, the labour inspectors exercise such powers by a special law which enables them to identify any violations of the provisions on the employment of minors as well as to prevent and take punitive measures in such cases. The Committee requests the Government to provide information on the functioning and activities of the labour inspectorate, including extracts of the inspection reports. It also requests the Government to provide information on any other mechanisms established to monitor the implementation of the provisions giving effect to Article 3(a)–(c) of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes that sections 162, 165, 209, 210, 211, 444 and 446 of the Criminal Code of the Republic of Montenegro establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: unlawful deprivation of freedom; coercion; procuring a minor for debauchery; mediation in prostitution; displaying pornographic material and using children for the production of pornography; trafficking in human beings including minors; and submission to slavery and transportation of enslaved persons. The Committee also notes that section 224 of the Criminal Code establishes sufficiently effective penalties of fines or imprisonment for the violation of labour rights, including provisions for the special protection of youth. It further notes that section 172(1) of the Labour Law provides for fines amounting to 10–300 times the minimum wage in Montenegro for violation of the provisions of the labour legislation, including the provision of section 17 (conditions for employment of persons under 18 years). The Committee requests the Government to provide information on the practical application of the abovementioned penalties.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that according to section 4 of the Law on Primary Education of Montenegro, primary education which lasts for nine years shall be free and compulsory for all children from the age of 6 to 15 years. It also notes that, according to the National Report of the Ministry of Education and Science of the Republic of Montenegro (August 2004, pages 24 and 25), equal access to education for all children in Montenegro has always been one of the main goals of the Ministry of Education and Science. Equity in education, regardless of the national affiliation, race, gender, language, religion and social background is guaranteed under section 9 of the General Law on Education. The Committee notes that according to UNESCO EFA Global Monitoring Report, 2008, in Montenegro, the net attendance ratio is 98 per cent in primary school and 84 per cent in secondary school. Furthermore, according to the UNICEF – Country Profile: Education in Montenegro, the Government has introduced several educational reforms since 2001, such as the adoption of a “Book of changes of the educational system” which is a progressive and comprehensive education reform calling for improved quality, access and equality of education; the extension of compulsory education to nine years; the establishment of a national forum for monitoring progress towards achieving the Education for All (EFA) goals; and the adoption of a Plan of Action for Children 2004–10 which has education as one of its strategies. The Committee encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates, especially at the secondary level so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to provide updated statistical information on primary and secondary school attendance and drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee notes that according to a report by the International Organization for Migration (IOM) entitled “Migration Profile of Montenegro, 2007”, Montenegro is primarily a country of transit for foreign victims from south-eastern countries going towards Western Europe. It is increasingly becoming a country of origin as well as destination. The estimates for 2004–05 indicate that internal trafficking is on the increase. The report further states that only a limited number of victims were identified throughout 2000–07 which included 60 foreign victims and 32 Montenegrin victims with 70 per cent being minors. Information from this report indicates that the Government has adopted in 2003 a National Strategy for Fighting against Trafficking in Human Beings, comprising a National Plan of Action against child trafficking, with main focuses on prevention, prosecution and protection. Within the framework of this strategy, a national team, a national coordinator, a special crime unit, an organized crime unit, an anti-trafficking tip line, and a separate working group for combating trafficking in children was established by the Government. The Ministry of Education set up an action plan with the objective of raising awareness on trafficking and ways to recognize potential risks through workshops within school programmes. The Committee further notes the information contained in the IOM report that in Montenegro currently there are three shelters for victims of trafficking, one of which was funded by the Government, and which housed 28 victims in 2005 and five potential victims in 2006. It also notes that a Law on a witness protection programme was adopted in 2004 which contains provisions providing for protection and a temporary residence status for foreign victims of trafficking. The Committee requests the Government to continue its efforts to combat internal as well as external trafficking in children for labour and sexual purposes, and to provide information on the measures taken in this regard. It also requests the Government to provide information on the impact of the measures taken within the National Strategy for Fighting against Trafficking in Human Beings, in terms of the number of children withdrawn from trafficking and rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes that according to the UNICEF Report on Education in Montenegro, the estimates by the Monitoring Education of Roma Children 2006 indicate that only 7 per cent of the Roma school-age population has been enrolled in the school system – 85 per cent in primary school out of which only 20 per cent completed primary school; 8 per cent in secondary school; and 7 per cent in tertiary school. The Committee notes that the project “Roma Education Initiative” (REI) was implemented in September 2004 with UNICEF, the Foundation Open Society Institute and the Ministry of Education and Science as its implementing partners. This project is aimed at enabling the inclusion of a higher number of Roma children into the regular/formal school system. Special emphasis is placed on children aged 3 to 11 years. The provision of free textbooks and transportation for all Roma children are also provided within this project. The Committee notes that the Ministry of Education and Science introduced an Action Plan on Integration of Sustainable Development into Educational System 2007–09 which aims: to ensure a sustainable system of teacher training and quality implementation of educational system reform for teachers in schools with Roma, Ashkelia and Egyptian (RAE) children; to work on adjusting 20 per cent of teaching contents within the school curricula to promote RAE children; and to design a National Strategy for Roma. The Committee encourages the Government to continue to take concrete measures within the framework of Roma Education Initiative and the Action Plan Integration of Sustainable Development into Educational System 2007–09 to promote access of Roma children to education, thereby preventing them from being engaged in the worst forms of child labour. It also requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment rates and reducing school drop-out rates of Roma children.